Copyright Claims Board: Active Proceedings and Evidence

Comment Submission

The U.S. Copyright Office is proposing procedures governing active proceedings before the Copyright Claims Board (CCB) and post-determination procedures, as directed by the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020.

The CASE Act directs the Register of Copyrights to establish regulations by which the CCB will conduct its proceedings. On March 26, 2021, the Office published a notification of inquiry inviting public comment on various aspects of the CCB’s operations. On September 9, 2021, the Office published a notice of proposed rulemaking (NPRM) on initiating proceedings and related procedures.

This NPRM proposes procedures related to active CCB proceedings, including the following topics:

  • Party management, such as joinder, dismissal, default, failure to prosecute, parties’ conduct, and limitation on the number of cases a party can bring;
  • Compliance review by a copyright claims attorney,
  • Managing proceedings, including scheduling orders, amending pleadings, claim consolidation, settlement, “smaller” claims, and records;
  • Evidence-related topics, such as written testimony, hearings, and discovery, including protective orders, interrogatories, requests for admission, production of documents, and discovery disputes and sanctions; and
  • Post-determination procedures for rehearing and the Register’s review.

Initial comments in response to the proposed rule are due no later than 11:59 p.m. eastern time on Monday, February 7, 2022; reply comments are due no later than 11:59 p.m. eastern time on Tuesday, February 22, 2022.